When is a Will filed in probate court?
Question Details:
My mother passed away recently and my brother has her "lock box" that contains her Will. There are 8 of us and I'm concerned they will destroy the Will if I was named one of the executors and disperse her belongings the way they want (not the way she wanted). Is there any way I can get a copy of the Will?
By statute, the person who has possession of the Will of someone who died is required to deliver the Will to the person named as executor or to the Probate Court within 30 days after he/she becomes aware of the death. And the executor is required to file a Will with the Probate Court within 30 days after the death.